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Terms of Service

Effective as of 23 January 2021

 

Welcome to the Delos Dispute Resolution and Delos members’ websites (the “Websites”).

Delos Dispute Resolution (“Delos”, “we” or “us”) is an independent arbitral institution established in 2014 to respond to the needs of businesses globally for time and cost efficiency in the resolution of disputes through arbitration. These terms of use, together with our Privacy Notice, which is hereby incorporated by reference (collectively, these “Terms of Use”) govern your use of the Websites.

Please read these Terms of Use carefully before using the Websites, registering for Delos membership or signing up to receive newsletters from Delos.

By accessing the Websites or by clicking to agree to these Terms of Use when the option is made available to you, you accept and agree to be bound and abide by these Terms of Use, including our Privacy Notice. If you do not agree to these Terms of Use, including the Privacy Policy, please do not register for Delos membership or use the Websites.

Certain parts of the Delos website are made available only to Delos members on a password-protected basis. You must register to become a member of Delos. Viewing and use of public pages of the Websites is not restricted to Delos members.

1. Delos Memberships

Membership of Delos may be either on a free basis (“Free Membership”), on a monthly basis (“Monthly Membership”) or on an annual basis (“Annual Membership”). The benefits for each type of membership are set out at https://member-delosdr.org/membership-account/membership-levels/.

2. Registration as a Delos member and Account Security

To become a member of Delos, you must fill out a membership application and, where relevant, make payment of the applicable fees.

When you register to become a Delos member, you will be asked to provide certain information, including your name, contact details, and certain professional information. Please ensure that all such information is correct, current and complete, and that you notify us of any changes to such information by updating your online member profile. Our use of the information that you provide to us is governed by the Privacy Notice.

Your membership is personal to you and your login details should not be shared with anyone else. Please keep your username and password confidential and please notify us immediately of any unauthorised use of your username or password or any other breach of security.

3. Billing and Cancellation

Delos may change its membership benefits and the price of membership from time to time; however, any price changes or reduction to your membership benefits will not apply until your next membership anniversary, in case of renewal of your membership.

Renewal and payment of Annual Memberships take place automatically until you cancel your membership, and you will receive a renewal reminder 30 days prior to payment having to be made. Renewal and payment of Monthly Memberships take place automatically until you cancel your membership, and no reminder is sent. Membership payments are not refundable.

In case of cancellation of your Annual or Monthly membership, you will continue to be able to enjoy its benefits until the end of the current billing period, at which point your membership will become a Free Membership. You can write to us at member@delosdr.org if you wish to cancel your Free Membership.

4. Limited Licence

Delos grants you a non-exclusive, non-transferable, revocable, limited license to access and use the Websites and their contents solely for your personal use in accordance with these Terms of Use. This license entitles you to print or download one copy of a reasonable number of pages of the Websites for your own use, without any further reproduction, publication, or other distributions.

5. Limitations on Use 

You agree not to use the Websites:

  • For commercial exploitation.
  • In any manner that violates any applicable law or regulation or any law or regulation of any other country, including any intellectual property law or any right of privacy or publicity.
  • In any manner that could disable or impair the Websites or interfere with any other user’s use of the Websites.
  • Using any device, software, or routine that interferes with the proper working of the Websites.

Delos reserves the right to remove any content that violates the foregoing.

6. Not Legal Advice

Content on the Websites is not intended to and does not constitute legal advice, and no attorney-client relationship is formed, nor is anything submitted to the Websites treated as confidential unless otherwise specified in these Terms of Use.

7. Intellectual Property Rights

Except as expressly provided in these Terms of Use, nothing contained herein shall be construed as conferring any license under copyright or other intellectual property rights. You agree that the Websites and their contents, features, and functionality are owned by Delos, its licensors, or other providers of such material and are protected by intellectual property laws, including copyright and trademark laws.

8. Withdrawal

Delos members are provided online content on a non-physical support within the meaning of Article L. 121-21-8 of the French Consumper Code. Accordingly, monthly Members and Annual Members expressly waive the right to withdraw from membership within 14 days from the conclusion on the contract.

9. Termination

If you are a Delos member, we reserve the right for any violation by you of these Terms of Use to suspend or terminate your membership and cancel your use of or deactivate your membership immediately and without notice to you.

Upon termination, suspension, deactivation or cancellation of your Delos membership for a violation by you of these Terms of Use, we will remove you from the membership directory within a reasonable time and you may not use or attempt to use the password-protected portions of the Website thereafter.

10. Advertisers

The Websites may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted or approved for inclusion on the Websites is accurate and complies with applicable laws. Delos is not responsible for the illegality of or any error or inaccuracy in advertisers’ or sponsors’ materials or for the acts or omissions of advertisers and sponsors.

11. Disclaimer

Delos does not represent or warrant that the Websites or their content will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible.

Delos does not warrant or represent that the content available on or through the Websites will be correct, accurate, timely, complete, available, or otherwise reliable. Delos disclaims all representations and warranties whether express, implied or statutory, including, but not limited to, warranties of non-infringement, satisfactory condition or quality, merchantability and fitness for a particular purpose, with respect to any services, or other materials or information provided by Delos.

Third-party content may appear on the Websites or may be accessible via links from the Websites. The information and opinions in any third-party content is neither endorsed by nor does it reflect the opinions of Delos, its officers, members, employees or agents.

12. LIMITATION OF LIABILITY

TO THE EXTENT PERMISSIBLE BY LAW, DELOS SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITES OR ANY CONTENT ON OR AVAILABLE THROUGH THE WEBSITES. DELOS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITES OR SUCH CONTENT.

13. Indemnification

You agree to indemnify, defend and hold harmless Delos, and its officers, members, employees, agents, licensors, suppliers, and any third-party content providers to the Websites, from and against all claims, losses, expenses, damages and costs, including reasonable attorneys’ fees, that result from or relate to any violation of these Terms of Use by you, or of any intellectual property or other right of any person or entity, whether by you or by any person using your credentials.

14. Third Party Rights

The provisions of paragraphs 8 (Disclaimer), 9 (Limitation of Liability), and 10 (Indemnification) are for the benefit of Delos and its officers, members, employees, agents, licensors, suppliers, and any third-party content providers to the Websites. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

15. Remedies for Violations

Delos reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular Internet Protocol address to the Websites and their features.

16. Severability

If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

17. No waiver

No waiver of any provision of these Terms of Use shall be deemed, or shall constitute, a waiver of any other provision. No waiver shall be binding unless executed in writing by the party making the waiver.

18. Governing Law and Jurisdiction

These Terms of Use are governed by and construed in accordance with the laws of France. All disputes arising from or in connection with these Terms of Use shall be exclusively and finally resolved by arbitration, confidentially, in accordance with the UNCITRAL Arbitration Rules in force on the date of commencement of the arbitration, with the Delos Board of Advisors to act as the appointing authority to the extent that it is willing to do so. The seat, or legal place, of arbitration shall be Paris, France, but the parties agree to hold hearings (if any) in any suitable location and/or by any suitable means of simultaneous communication. The arbitral tribunal shall consist of one arbitrator. The language of arbitration is to be English. The arbitrator has an express duty to determine the dispute fairly, expeditiously and at proportionate cost.

19. Amendments

Delos reserves the right to change the content on or functionality of the Websites or to discontinue the Websites in its sole discretion and without notice and Delos reserves the right to amend these Terms of Use at any time, as it deems appropriate. Amended versions of these Terms of Use will appear on the Websites and are effective immediately upon posting. You are responsible for regularly reviewing these Terms of Use. By maintaining and renewing your membership or by continuing use of the Websites after any such changes you consent to such changes. If, at any time, you choose to no longer be bound by these Terms of Use, including following any such amendment, you must stop using the Websites and immediately contact Delos about canceling your Delos membership, if applicable.

20. Contact Us

If you have any comments or questions regarding your membership or these Terms of Use or wish to report a violation of these Terms of Use, please contact us at info@delosdr.org.

 

©2021 Delos Dispute Resolution

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